Your privacy is very important to us. This notice (this “Privacy Notice”) is provided by Empyrean Capital Partners, LP (together with each of the private investment funds and accounts it advises, “Empyrean”, “we” or “us”), and sets forth Empyrean’s policies for the collection, use, storage, sharing, disclosure (collectively, “processing”) and protection of your personal data as a visitor of Empyrean’s website, a current, prospective or former investor, or a current, prospective or former service provider, as applicable. This Privacy Notice is being provided in accordance with the requirements of data privacy laws, including the EU General Data Protection Regulation 2016/679 (“GDPR”), the US Gramm-Leach-Bliley Act of 1999, as amended, and any other law relating to privacy or the processing of personal data and any statutory instrument, order, rule or regulation implemented thereunder, each as applicable to Empyrean (collectively, “Data Protection Laws”). References to “you” or an “investor” in this Privacy Notice means any visitor of Empyrean’s website, current, prospective or former investor, managed account client or service provider, as applicable, who is an individual, or any individual connected with the foregoing who is a legal person (each such individual, a “data subject”).
The types of personal data we may collect and use
The categories of personal data we may collect include names, residential or email addresses or other contact details, signature, nationality, social security number, tax identification number, date of birth, place of birth, job title, place of business, education, experience, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, source of funds details, personal preferences, information about family members, friends or business contacts, IP addresses, activity on Empyrean’s website, and other sensitive information, such as certain special categories of data contained in the relevant materials or documents.
How we collect personal data
We may collect personal data about you or others, such as affiliates, through the normal course of business. For example, information may be (i) provided directly to us by you, or another person on your behalf, (ii) obtained in connection with transactions or potential transactions between you and us, and (iii) collected through your use of Empyrean’s website.
We also may receive your personal information from third parties or other sources, such as our affiliates, administrator, sub-administrator, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, or other publicly accessible sources, such as the Internet.
Using your personal data: the legal basis and purposes
We may process your personal data for the purposes of administering the relationship between you and us (including communications and reporting), entering into a transaction with you, direct marketing of our products and services, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with competent jurisdiction over our business). Your personal data will be processed in accordance with Data Protection Laws and may be processed with your consent, upon your instruction, or for any of the purposes set out herein, including where we or a third-party consider there to be any other lawful purpose to do so. We may also process your personal data if we have a legitimate interest in connection with our investment advisory business (some examples of which are given above).
Where personal data is required to satisfy a statutory obligation (including compliance with applicable anti-money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in your subscription in the applicable Fund being rejected or compulsorily redeemed or withdrawn, as applicable. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.
How we may share your personal data
We may disclose information about you to our affiliates, employees or third parties, including the administrator and the sub-administrator of the private investment funds and managed account clients we advise, our auditors, our lawyers, our prime brokers, custodians and executing brokers and trading counterparties for our everyday business purposes, such as to facilitate the acceptance and management of our relationship with you, process transactions, maintain your account(s) or respond to court orders and legal investigations. It may also be necessary, under anti-money laundering and similar laws, to disclose information about you in order to accept subscriptions or to facilitate the establishment of business relationships with service providers. We will also release information about you if you direct us to do so.
We may share your information with our affiliates for direct marketing purposes, such as offers of products and services to you by us or our affiliates. You may prevent this type of sharing by contacting us at (310) 843-3000. If you are a new investor, we can begin sharing your information with our affiliates for their own direct marketing purposes 30 days from the date we sent this Privacy Notice. When you are no longer our investor, we may continue to share your information with our affiliates for such purposes. We may also disclose information about your transactions and experiences with us to our affiliates for their everyday business purposes.
We do not share your information with non-affiliates for them to market their own services to you. We may disclose information you provide to us to companies that perform marketing services on our behalf, such as any placement agent retained by us.
Retention periods and security measures
We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to Data Protection Laws. Personal data will be retained, at a minimum, for the duration of any investment you make in the private investment funds we advise, and for a minimum period of five to seven years after your redemption or withdrawal, as applicable, or the liquidation of a fund or managed account client. We may retain personal data for a longer period for the purpose of marketing our products and services or compliance with applicable law. From time to time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longer serves any purpose to us.
We seek to carefully safeguard your private information and, to that end, restrict access to non-public personal information about you to those employees and agents who we determine need to know the information to enable us to provide services and products to you and to conduct our business operations. To protect your personal information from unauthorized access and use, we apply organizational and technical security measures in accordance with Data Protection Laws. These measures include physical, electronic and procedural safeguards to protect your non-public personal information (i.e., computer safeguards and secured files and buildings). We will notify you of any material personal data breaches affecting you in accordance with the requirements of Data Protection Laws.
Because of the international nature of Empyrean’s business, personal data may be transferred to countries outside the EEA (“Third Countries”), such as to jurisdictions where we conduct business or have a service provider, including countries that may not have the same level of data protection as that afforded by the Data Protection Laws in the EEA. In such cases, we will process personal data (or procure that it be processed) in the Third Countries in accordance with the requirements of the Data Protection Laws, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf in such Third Countries.
Your rights under Data Protection Laws
Data subjects in the European Economic Area have certain rights under GDPR in relation to our processing of their personal data and these are, generally: (i) the right to request access to their personal data; (ii) the right to request rectification of their personal data; (iii) the right to request erasure of their personal data (the “right to be forgotten”); (iv) the right to restrict our processing or use of personal data; (v) the right to object to our processing or use where we have considered this to be necessary for our legitimate interests (such as in the case of direct marketing activities); (vi) where relevant, the right to request the portability; (vii) where their consent to processing has been obtained, the right to withdraw their consent at any time; and (viii) the right to lodge a complaint with a supervisory authority. Please note that the right to be forgotten that applies in certain circumstances under GDPR is not likely to be available in respect of the personal data we hold, given the purpose for which we collect such data, as described above.
You may contact us at any time to limit our sharing of your personal information. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account. Federal law gives you the right to limit only affiliates from using your personal information to market their own products or services to you, and sharing with non-affiliates to market to you. State laws in the United States may give you additional rights to limit sharing.
Who to contact about this Privacy Notice
Please contact our Chief Technologist & Security Officer by emailing firstname.lastname@example.org or by writing to Empyrean Capital Partners, LP, 10250 Constellation Boulevard, Suite 2950, Los Angeles, California, 90067, Attn: Chief Technologist & Security Officer for any questions about this Privacy Notice or requests with regards to the personal data we hold.
For more specific information or requests in relation to the processing of personal data by our administrator, sub-administrator, auditors, lawyers, prime brokers, custodians or any other service providers, you may also contact the relevant service provider directly at the address specified in our Form ADV or by visiting their websites. Please note that our administrator, customer relationship management provider and information technology infrastructure provider may act as data controllers of your personal information in connection with the performance of their respective legal and contractual obligations to us. For further information you can access the administrator’s privacy notice at https://citco.com/footer/privacy-policy/, the customer relationship management provider’s privacy notice at https://itgny.com/UploadFiles/16028136-4.pdf and the information technology infrastructure provider’s privacy notice at http://www.abacusgroupllc.com/privacy-policy.